Can an examiner avoid an appeal conference?
Yes, an examiner can avoid an appeal conference under certain circumstances. The MPEP 1207.01 states:
“However, if the examiner charged with the responsibility of preparing the examiner’s answer reaches a conclusion that the appeal should not go forward and the supervisory patent examiner (SPE) approves, then no appeal conference is necessary.”
In such cases, the examiner has two options:
- Reopen prosecution and issue another Office action
- Prepare a notice of allowability if appropriate
If a notice of allowability is prepared, the examiner may include reasons for allowance as per MPEP § 1302.14.
To learn more: